Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38507 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

This regulatory guide, RG 3.76, 

endorses, with clarifications, NEI 14–03, 

which provides guidance on the format 

and content of spent fuel storage 

renewal applications and 

implementation of aging management 

programs under 10 CFR part 72. As 

explained in RG 3.76, licensees are not 

required to comply with the positions 

set forth in this regulatory guide. 

Therefore, RG 3.76 does not constitute 

backfitting as defined in 10 CFR 72.62, 

‘‘Backfitting,’’ and as described in NRC 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests’’; or constitute forward fitting 

as that term is defined and described in 

MD 8.4. If, in the future, the NRC were 

to impose a position in RG 3.76 in a 

manner that would constitute 

backfitting or forward fitting, then the 

NRC would address the backfitting 

provision in 10 CFR 72.62 or the 

forward fitting provision of MD 8.4, 

respectively. 

Dated: July 15, 2021. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guidance and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2021–15442 Filed 7–20–21; 8:45 am] 

BILLING CODE 7590–01–P 

RAILROAD RETIREMENT BOARD 

Proposed Collection; Comment 

Request 

Summary: In accordance with the 

requirement of Section 3506 (c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

1. Title and purpose of information 

collection: Railroad Service and 

Compensation Reports/System Access 

Application; OMB 3220–0008. 

Under Section 9 of the Railroad 

Retirement Act (RRA) (45 U.S.C. 231h) 

and Section 6 of the Railroad 

Unemployment Insurance Act (RUIA) 

(45 U.S.C. 356), the Railroad Retirement 

Board (RRB) maintains for each railroad 

employee, a record of compensation 

paid to that employee by all railroad 

employers for whom the employee 

worked after 1936. This record, which is 

used by the RRB to determine eligibility 

for, and amount of, benefits due under 

the laws it administers, is conclusive as 

to the amount of compensation paid to 

an employee during such period(s) 

covered by the report(s) of the 

compensation by the employee’s 

railroad employer(s), except in cases 

when an employee files a protest 

pertaining to his or her reported 

compensation within the statute of 

limitations cited in Section 9 of the RRA 

and Section 6 of the RUIA. 

To enable the RRB to establish and 

maintain the record of compensation, 

employers are required to file with the 

RRB, reports of their employees’ 

compensation, in such manner and form 

and at such times as the RRB prescribes. 

Railroad employers’ reports and 

responsibilities are prescribed in 20 CFR 

209. The RRB currently utilizes Form 

BA–3, Annual Report of Creditable 

Compensation, and Form BA–4, Report 

of Creditable Compensation 

Adjustments, to secure the required 

information from railroad employers. 

Form BA–3 provides the RRB with 

information regarding annual creditable 

service and compensation for each 

individual who worked for a railroad 

employer covered by the RRA and RUIA 

in a given year. Form BA–4 provides for 

the adjustment of any previously 

submitted reports and also the 

opportunity to provide any service and 

compensation that had been previously 

omitted. Requirements specific to Forms 

BA–3 and BA–4 are prescribed in 20 

CFR 209.8 and 209.9. 

Employers currently have the option 

of submitting BA–3 and BA–4 reports 

electronically by CD–ROM, secure 

Email, File Transfer Protocol (FTP), or 

online via the RRB’s Employer 

Reporting System (ERS). 

The information collection also 

includes RRB Form BA–12, Application 

for Employer Reporting internet Access, 

and Form G–440, Report Specifications 

Sheet. Form BA–12 is completed by 

railroad employers to obtain system 

access to ERS. Once access is obtained, 

authorized employees may submit 

reporting forms online to the RRB. The 

form determines what degree of access 

(view/only, data entry/modification or 

approval/submission) is appropriate for 

that employee. It is also used to 

terminate an employee’s access to ERS. 

Form G–440, Report Specifications 

Sheet, serves as a certification document 

for Forms BA–3 and BA–4 as well as 

other RRB employer reporting forms 

(Form BA–6a, BA–6 Address Report 

(OMB 3220–0005), Form BA–9, Report 

of Separation Allowance or Severance 

Pay (OMB 3220–0173) and Form BA–11, 

Report of Gross Earnings (OMB 3220– 

0132). It records the type of medium the 

report was submitted on, and serves as 

a summary recapitulation sheet for 

reports filed on paper. The RRB 

proposes no changes to Forms BA–3 

(internet), BA–4 (internet), BA–12, and 

G–440. The RRB proposes to remove 

Form BA–3 (Paper) and BA–4 (Paper) 

from the Information Collection due to 

less than 10 responses per year. 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

CURRENT BURDEN

Reporting Responses Time 

(minutes) 

Burden 

(hours) 

BA–3: 

Electronic Media 2/ .............................................................................. 96 46.25 (2,775 min) ............................ 4,440 

BA–3 (Internet) ................................................................................... 617 46.25 (2,775 min) ............................ 28,536 

Total BA–3 ................................................................................... 713 .......................................................... 32,976 

BA–4: 


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38508 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

ESTIMATE OF ANNUAL RESPONDENT BURDEN—Continued 

CURRENT BURDEN

Reporting Responses Time 

(minutes) 

Burden 

(hours) 

Electronic Media 2/ .............................................................................. 355 1.00 (60 min) ................................... 355 

BA–4 (Internet) ................................................................................... 3,942 .33 (20 min) ..................................... 1,314 

Total BA–4 ................................................................................... 4,297 .......................................................... 1,669 

BA–12: 

Initial Access ....................................................................................... 295 .33 (20 min) ..................................... 98 

Access Termination ............................................................................ 38 .166 (10 min) ................................... 7 

Total BA–12 ................................................................................. 333 .......................................................... 105 

G–440 (certification): 

Form BA–3 (no employees) ............................................................... 19 .25 (15 min) ..................................... 5 

Form BA–11 (no employees) ............................................................. 60 .25 (15 min) ..................................... 15 

Paper forms (without recap) ............................................................... 7 .25 (15 min) ..................................... 1 

Form BA–15 ....................................................................................... 600 .25 (15 min) ..................................... 150 

Electronic transactions ....................................................................... 94 .50 (30 min) ..................................... 47 

BA–3 and BA–4 (with recap) .............................................................. 125 1.25 (75 min) ................................... 156 

Total G–440 ........................................................................................ 905 .......................................................... 374 

Grand Total .......................................................................... 6,248 .......................................................... 35,194 

2. Evidence for Application of Overall 

Minimum: OMB 3220–0083. 

Under Section 3(f)(2) of the Railroad 

Retirement Act (RRA) (45 U.S.C. 231b), 

the total monthly benefits payable to a 

railroad employee and his/her family 

are guaranteed to be no less than the 

amount which would be payable if the 

employee’s railroad service had been 

covered by the Social Security Act. This 

is referred to as the Social Security 

Overall Minimum Guarantee, which is 

prescribed in 20 CFR 229. To administer 

this provision, the Railroad Retirement 

Board (RRB) requires information about 

a retired employee’s spouse and 

child(ren) who would not be eligible for 

benefits under the RRA but would be 

eligible for benefits under the Social 

Security Act if the employee’s railroad 

service had been covered by that Act. 

The RRB obtains the required 

information by the use of Forms G–319, 

Statement Regarding Family and 

Earnings for Special Guaranty 

Computation, and G–320, Student 

Questionnaire for Special Guaranty 

Computation. One response is required 

of each respondent. Completion is 

required to obtain or retain benefits. The 

RRB proposes no changes to Forms G– 

319 and G–320. 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

CURRENT BURDEN

Form No. Annual 

responses 

Time 

(minutes) 

Burden 

(hours) 

G–319 (completed by the employee): 

With assistance .................................................................................. 5 26 ..................................................... 2 

Without assistance: ............................................................................ 230 55 ..................................................... 211 

G–319 (completed by spouse): 

With assistance .................................................................................. 5 30 ..................................................... 2 

Without assistance ............................................................................. 10 60 ..................................................... 10 

G–320: 

(Age 18 at Special Guaranty Begin Date or Special Guaranty Age 

18 Attainments).

30 15 ..................................................... 7 

G–320: 

(Student Monitoring done in Sept, March and at end of school year) 10 15 ..................................................... 2 

Total ............................................................................................. 290 .......................................................... 234 

3. Title and purpose of information 

collection: Gross Earnings Report; OMB 

3220–0132. 

In order to carry out the financial 

interchange provisions of Section 7(c)(2) 

of the Railroad Retirement Act (RRA) 

(45 U.S.C. 231f), the RRB obtains 

annually from railroad employer’s the 

gross earnings for their employees on a 

one-percent basis, i.e., 1% of each 

employer’s railroad employees. The 

gross earnings sample is based on the 

earnings of employees whose social 

security numbers end with the digits 

‘‘30.’’ The gross earnings are used to 

compute payroll taxes under the 

financial interchange. 

The gross earnings information is 

essential in determining the tax 

amounts involved in the financial 

interchange with the Social Security 

Administration and Centers for 

Medicare & Medicaid Services. Besides 

being necessary for current financial 

interchange calculations, the gross 

earnings file tabulations are also an 

integral part of the data needed to 

estimate future tax income and 

corresponding financial interchange 

amounts. These estimates are made for 

internal use and to satisfy requests from 

other government agencies and 

interested groups. In addition, cash flow 


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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38509 

1 17 CFR 270.23c–3(e). 

2 17 CFR 270.24f–2(a). 

3Securities Offering Reform for Closed-End 

Investment Companies (SEC Rel. No. IC–33427) 

(Mar. 20, 2019) [84 FR 14448 (Apr. 10, 2019)] at 64. 

4Form N–23c–3, entitled ‘‘Notification of 

Repurchase Offer Pursuant to Rule 23c–3,’’ requires 

the fund to state its registration number, its full 

name and address, the date of the accompanying 

shareholder notification, and the type of offer being 

made (periodic, discretionary, or both). 

projections of the social security 

equivalent benefit account, railroad 

retirement account and cost estimates 

made for proposed amendments to laws 

administered by the RRB are dependent 

on input developed from the 

information collection. 

The RRB utilizes Form BA–11 to 

obtain gross earnings information from 

railroad employers. Employers have the 

option of preparing and submitting BA– 

11 reports online via the RRB’s 

Employer Reporting System or on paper 

(or in like format) by File Transfer 

Protocol (FTP) or secure Email. The 

online BA–11 includes the option to file 

a ‘‘negative report’’ (no employees, or no 

employees with the digits ‘‘30’’). 

Completion is mandatory. One response 

is requested of each respondent. The 

RRB proposes no changes to Form BA– 

11. 

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form No. Annual 

responses 

Time 

(minutes) 

Burden 

(hours) 

BA–11 CD–ROM ......................................................................................................................... 0 30 0 

BA–11 File Transfer Protocol ...................................................................................................... 11 300 55 

BA–11 Secure Email ................................................................................................................... 0 30 0 

BA–11 (Internet)—Positive .......................................................................................................... 154 30 77 

BA–11 (Internet)—Negative ......................................................................................................... 424 15 106 

Total ...................................................................................................................................... 589 ........................ 238 

Additional Information or Comments: 

To request more information or to 

obtain a copy of the information 

collection justification, forms, and/or 

supporting material, contact Kennisha 

Tucker at (312) 469–2591 or 

Kennisha.Tucker@rrb.gov. Comments 

regarding the information collection 

should be addressed to Brian Foster, 

Railroad Retirement Board, 844 North 

Rush Street, Chicago, Illinois 60611– 

1275 or emailed to Brian.Foster@rrb.gov. 

Written comments should be received 

within 60 days of this notice. 

Brian D. Foster, 

Clearance Officer. 

[FR Doc. 2021–15479 Filed 7–20–21; 8:45 am] 

BILLING CODE 7905–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[OMB Control No. 3235–0422, SEC File No. 

270–373] 

Proposed Collection; Comment 

Request 

Extension: 

Rule 23c–3 and Form N–23c–3 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission (the 

‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget (‘‘OMB’’) for 

extension and approval. 

Rule 23c–3 (17 CFR 270.23c–3) under 

the Investment Company Act of 1940 

(15 U.S.C. 80a–1 et seq.) permits a 

registered closed-end investment 

company (‘‘closed-end fund’’ or ‘‘fund’’) 

that meets certain requirements to 

repurchase common stock of which it is 

the issuer from shareholders at periodic 

intervals, pursuant to repurchase offers 

made to all holders of the stock. The 

rule enables these funds to offer their 

shareholders a limited ability to resell 

their shares in a manner that previously 

was available only to open-end 

investment company shareholders. 

There have been recent regulatory 

developments put forth by the 

Commission that will provide 

shareholders of closed-end funds with 

additional benefits. Effective August 1, 

2021, rule 23c–3 will be amended by 

including a new subparagraph (e) that 

will permit a fund that relies on rule 

23c–3 to register an indefinite amount of 

securities, under Section 24 of the 

Investment Company Act upon the 

effectiveness of a fund’s registration 

statement.1 In addition, concurrent with 

the implementation of rule 23c–3(e), the 

Commission adopted an amendment to 

rule 24f–2 under the Investment 

Company Act, permitting closed-end 

funds to compute registration fees on an 

annual net basis.2 The Commission’s 

intent in proposing and adopting rules 

23c–3(e) and 24f–2(a) respectively, was 

to avoid the possibility a closed-end 

fund of inadvertently selling more 

shares than it had registered.3 These 

revisions to rule 23c–3 do not impose 

additional collections of information. 

Notwithstanding these recent 

regulatory developments, a closed-end 

fund that relies on rule 23c–3 must send 

shareholders a notification that contains 

specified information each time the 

fund makes a repurchase offer (on a 

quarterly, semi-annual, or annual basis, 

or, for certain funds, on a discretionary 

basis not more often than every two 

years). The fund also must file copies of 

the shareholder notification with the 

Commission (electronically through the 

Commission’s Electronic Data 

Gathering, Analysis, and Retrieval 

System (‘‘EDGAR’’)) on Form N–23c–3, 

a filing that provides certain 

information about the fund and the type 

of offer the fund is making.4 The fund 

must describe in its annual report to 

shareholders the fund’s policy 

concerning repurchase offers and the 

results of any repurchase offers made 

during the reporting period. The fund’s 

board of directors must adopt written 

procedures designed to ensure that the 

fund’s investment portfolio is 

sufficiently liquid to meet its repurchase 

obligations and other obligations under 

the rule. The board periodically must 

review the composition of the fund’s 

portfolio and change the liquidity 

procedures as necessary. The fund also 

must file copies of advertisements and 

other sales literature with the 

Commission as if it were an open-end 

investment company subject to Section 

24 of the Investment Company Act (15 

U.S.C. 80a–24) and the rules that 

implement Section 24. Rule 24b–3 

under the Investment Company Act (17 

CFR 270.24b–3), however, exempts the 

fund from that requirement if the 

materials are filed instead with the 


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